The North was in general against the removal bill. The South was for it. It passed the House 102 to 97. It passed the Senate narrowly. It did not mention force, but provided for helping the Indians to move. What it implied was that if they did not, they were without protection, without funds, and at the mercy of the states.
Now the pressures began on the tribes, one by one. The Choctaws did not want to leave, but fifty of their delegates were offered secret bribes of money and land, and the Treaty of Dancing Rabbit Creek was signed: Choctaw land east of the Mississippi was ceded to the United States in return for financial help in leaving, compensation for property left behind, food for the first year in their new homes, and a guarantee they would never again be required to move. For twenty thousand Choctaws in Mississippi, though most of them hated the treaty, the pressure now became irresistible. Whites, including liquor dealers and swindlers, came swarming onto their lands. The state passed a law making it a crime for Choctaws to try to persuade one another on the matter of removal.
In late 1831, thirteen thousand Choctaws began the long journey west to a land and climate totally different from what they knew. "Marshaled by guards, hustled by agents, harried by contractors, they were being herded on the way to an unknown and unwelcome destination like a flock of sick sheep." They went on ox wagons, on horses, on foot, then to be ferried across the Mississippi River. The army was supposed to organize their trek, hut it turned over its job to private contractors who charged the government as much as possible, gave the Indians as little as possible. Everything was disorganized. Pood disappeared. Hunger came. Van Every again:
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The long somber columns of groaning ox wagons, driven herds and straggling crowds on foot inched on westward through swamps and forests, across rivers and over hills, in their crawling struggle from die lush lowlands of the Gulf to the arid plains of the west. Tn a kind of death spasm one of the last vestiges of the original Indian world was being dismembered and its collapsing remnants jammed bodily into an alien new world.
The first winter migration was one of the coldest on record, and people began to die of pneumonia. In the summer, a major cholera epidemic hit Mississippi, and Choctaws died by the hundreds. The seven thousand Choctaws left behind now refused to go, choosing subjugation over death. Many of their descendants still live in Mississippi.
As for the Cherokees, they faced a set of laws passed by Georgia: their lands were taken, their government abolished, all meetings prohibited. Cherokees advising others not to migrate were to be imprisoned. Cherokees could not testify in court against any white. Cherokees could not dig for the gold recently discovered on their land. A delegation of them, protesting to the federal government, received this reply from Jackson's new Secretary of War, Eaton: "If you will go to the setting sun there you will be happy; there you can remain in peace and quietness; so long as the waters run and the oaks grow that country shall be guaranteed to you and no white man shall be permitted to settle near you."
The Cherokee nation addressed a memorial to the nation, a public plea for justice. They reviewed their history:
After the peace of 1783, the Cherokees were an independent people, absolutely so, as much as any people on earth. They had been allies to Great Britain. . . . The United States never subjugated the Cherokees; on the contrary, our fathers remained in possession of their country and with arms in their hands. ... In 1791, the treaty of Holston was made.... The Cherokees acknowledged themselves to be under the protection of the United States, and of no odier sovereign.... A cession of land was also made to the United States. On the other hand, the United States ... stipulated that white men should not hunt on these lands, not even enter the country, without, a passport; and gave a solemn guarantee of all Cherokee lands not ceded. . ..
They discussed removal:
We are aware that some persons suppose it will be for our advantage to remove beyond the Mississippi. We think otherwise. Our people universally
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think otherwise. . .. We wish to remain on die land of our fathers. We have a perfect and original right to remain without interruption or molestation. The treaties with us, and laws of the United States made in pursuance of treaties, guarantee our residence and our privileges, and secure us against intruders- Our only request is, that diese treaties may he fulfilled, and these laws executed.. . .
Now they went beyond history, beyond law:
We intreat those to whom the foregoing paragraphs arc addressed, to remember the great law of love. "Do to others as ye would thai others should do to you." .. . We pray them to remember that, for the sake of principle, their forefathers were compelled to leave, therefore driven from the old world, and that the winds of persecution wafted them over the great waters and landed them on the shores of die new world, when the Indian was the sole lord and proprietor of these extensive domains—Let diem remember in what way they were received by the savage of America, when power was in his hand, and his ferocity could not be restrained by any human arm. We urge them to hear in mind, that those who would not ask of them a cup of cold water, and a spot of earth ... are the descendants of these, whose origin, as inhabitants of North America, history and tradition are alike insufficient to reveal. Let them bring to remembrance all these facts, and they cannot, and we are sure, they will not fail to remember, and sympathize with us in diese our trials and sufferings.
Jackson's response to this, in his second Annual Message to Congress 111 December 1830, was to point to the fact that the Choctaws and Chickasaws had already agreed to removal, and that "a speedy removal" of the rest would offer many advantages to everyone. For whites it "will place a dense and civili/ed population in large tracts of country now occupied by a few savage hunters." For Indians, it will "perhaps cause them, gradually, under the protection of the Government and through the influence of good counsels, to cast off their savage habits and become an interesting, civilized, and Christian community."
He reiterated a familiar theme. "Toward the aborigines of the country no one can indulge a more friendly feeling than myself. . . ." However: "The waves of population and civilization are rolling to the westward, and we now propose to acquire the countries occupied by the red men of the South and West by a fair exchange. . .."
Georgia passed a law making it a crime for a white person to stay in Indian territory without taking an oath to the state of Georgia. When
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the white missionaries in the Cherokee territory declared their sympathies openly for the Cherokees to stay, Georgia militia entered the territory in the spring of 1831 and arrested three of the missionaries, including Samuel Worcester. They were released when they claimed protection as federal employees (Worcester was a federal postmaster). Immediately the Jackson administration took away Worcester's job, and the militia moved in again that summer, arresting ten missionaries as well as the white printer of the Cherokee Phoenix. They were beaten, chained, and forced to march 35 miles a day to the county jail. A jury tried them, found them guilty. Nine were released when they agreed to swear allegiance to Georgia's laws, but Samuel Worcester and Elizur Butler, who refused to grant legitimacy to the laws repressing the Cherokees, were sentenced to four years at hard labor.
This was appealed to the Supreme Court, and in Worcester v. Georgia, John Marshall, for the majority, declared that the Georgia law on which Worcester was jailed violated the treaty with the Cherokees, which by the Constitution was binding on the states. He ordered Worcester freed. Georgia ignored him, and President Jackson refused to enforce the court order.
Georgia now put Cherokee land on sale and moved militia in to crush any sign of Cherokee resistance. The Cherokees followed a policy of nonviolence, though their property was being taken, their homes were being burned, their schools were closed, their women mistreated, and liquor was being sold in their churches to render them even more helpless.
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The same year Jackson was declaring states' rights for Georgia on the Cherokee question in 1832, he was attacking South Carolina's right to nullify a federal tariff. His easy reelection in 1832 (687,000 to 530,000 for his opponent Henry Clay) suggested that his anti-Indian policies were in keeping with popular sentiment, at least among those white males who could vote (perhaps 2 million of the total population of 13 million). Jackson now moved to speed up Indian removal. Most of the Choctaws and some of the Cherokees were gone, but there were still 22,000 Creeks in Alabama, 18,000 Cherokees in Georgia, and 5,000 Seminoles in Florida.
The Creeks had been fighting for their land ever since the years of Columbus, against Spaniards, English, French, and Americans. But by 1832 they had been reduced to a small area in Alabama, while the population of Alabama, growing fast, was now over 300,000. On the basis of extravagant promises from the federal government, Creek delegates in Washington signed the Treaty of Washington, agreeing to removal
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beyond the Mississippi. They gave up 5 million acres, with the provision that 2 million of these would go to individual Creeks, who could either sell or remain in Alabama with federal protection. Van Every writes of this treaty:
The interminable history of diplomatic relations between Indians and white men had before 1832 recorded no single instance of a treaty which had not been presently broken by the white parties to it ... however solemnly embellished with such terms as "permanent," "forever," "for all time," "so long as the sun shall rise." . .. But no agreement between white men and Indians had ever been so soon abrogated as the 1832 Treaty of Washington. Within days the promises made in it on behalf of the United States had been broken.
A white invasion of Creek lands began—looters, land seekers, defrauders, whiskey sellers, thugs—driving thousands of Creeks from their homes into the swamps and forests. The federal government did nothing. Instead it negotiated a new treaty providing for prompt emigration west, managed by the Creeks themselves, financed by the national government. An army colonel, dubious that this would work, wrote:
They fear starvation on the route; and can it be otherwise, when many of them are nearly starving now, without the embarrassment of a long journey on their hands.... You cannot have an idea of the deterioration which diese Indians have undergone during the last two or three years, from a general state of comparative plenty to that of unqualified wretchedness and want. The free egress into the nation by the whites; encroachments upon their lands, even upon their cultivated fields; abuses of their person; hosts of traders, who, like locusts, have devoured their substance and inundated their homes with whiskey, have destroyed what little disposition to cultivation the Indians may once have had.. .. They are brow beat, and cowed, and imposed upon, and depressed with the feeling that they have no adequate protection in the United States, and no capacity of self-protection in themselves.
Northern political sympathizers with the Indian seemed to be fading away, preoccupied with other issues. Daniel Webster was making a rousing speech in the Senate for the "authority of law ... the power of the general government," but he was not referring to Alabama, Georgia, and the Indians—he was talking about South Carolina's nullification of the tariff.
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Despite the hardships, the Creeks refused to budge, but by 1836, both state and federal officials decided they must go. Using as a pretext some attacks by desperate Creeks on white settlers, it was declared that the Creek nation, by making "war," had forfeited its treaty rights.
The army would now force it to migrate west. P'ewer than a hundred Creeks had been involved in the "war,'1 but a thousand had fled into the woods, afraid of white reprisals. An army of eleven thousand was sent after them. The Creeks did not resist, no shots were fired, they surrendered. Those Creeks presumed by the army to be rebels or sympathizers were assembled, the men manacled and chained together to inarch westward under military guard, their women and children trailing after them. Creek communities were invaded by military detachments, the inhabitants driven to assembly points and marched westward in batches of two or three thousand. No talk of compensating them for land or property left behind.
Private contracts were made for the march, the same kind that had failed for the Choctaws. Again, delays and lack of food, shelter, clothing, blankets, medical attention. Again, old, rotting steamboats and ferries, crowded beyond capacity, taking them across the Mississippi. "By midwinter the interminable, stumbling procession of more than 15,000 Creeks stretched from border to border across Arkansas." Starvation and sickness began to cause large numbers of deaths. "The passage of the exiles could be distinguished from afar by the howling of trailing wolf packs and the circling flocks of buzzards," Van Every writes.
Eight hundred Creek men had volunteered to help the United States army fight the Seminoles in Florida in return for a promise that their families could remain in Alabama, protected by the federal government until the men returned. The promise was not kept. The Creek families were attacked by land-hungry white marauders—robbed, driven from their homes, women raped. Then the army, claiming it was for their safety, removed them from Creek country to a concentration camp on MobileBay. Hundreds died there from lack of food and from sickness.
When the warriors returned from the Seminole War, they and their families were hustled west. Moving through New Orleans, they encountered a yellow fever plague. They crossed the Mississippi—611 Indians crowded onto the aged steamer Monmouth. It went down in the Mississippi River and 311 people died, four of them the children of the Indian commander of the Creek volunteers in Florida. A New Orleans newspaper wrote:
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The fearful responsibility for this vast sacrifice of human life rests on the contractors .. . The avaricious disposition to increase die profits on the speculation first induced the chartering of rotten, old, and unseaworthy boats, because they were of a class to be procured cheaply; and then to make those increased profits still larger, the Indians were packed upon those crazy vessels in such crowds that not the slightest regard seems to have been paid to their safety, comfort, or even decency.
The Choctaws and Chickasaws had tjuickly agreed to migrate. The Creeks were stubborn and had to be forced. The Cherokees were practicing a nonviolent resistance. One tribe—the Seminoles—decided to fight.
With Florida now belonging to the United States, Seminole territory was open to American land-grabbers. They moved down into north Florida from St. Augustine to Pensacola, and down the fertile coastal strip. In 1823, the Treaty of Camp Moultrie was signed by a few Seminoles who got large personal landholdings in north Florida and agreed that all the Seminoles would leave northern Florida and every coastal area and move into the interior. This meant withdrawing into the swamps of central Florida, where they could not grow food, where even wild game could not survive.
The pressure to move west, out of Florida, mounted, and in 1834 Seminole leaders were assembled and the U.S. Indian agent told them they must move west. Here were some of the replies of the Seminoles at that meeting:
We were all made by the same Great Father, and are all alike His Children. We all came from the same Mother, and were suckled at the same breast. Therefore, we are brothers, and as brothers, should treat together in an amicable way.
Your talk is a good one, but my people cannot say they will go. We are not willing to do so. If their tongues say yes, their hearts cry no, and call them liars.
If suddenly we tear our hearts from die homes around which they are twined, our heart-strings will snap.
The Indian agent managed to get fifteen chiefs and subchiefs to sign a removal treaty, the U.S. Senate promptly ratified it, and the War Department began making preparations for the migration. Violence between whites and Seminoles now erupted.
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'45
A young Seminole chief, Osceola, who had been imprisoned a
nd chained by the Indian agent Thompson, and whose wife had been delivered into slavery, became a leader of the growing resistance. When Thompson ordered the Seminoles, in December 1835, to assemble for the journey, no one came. Instead, the Seminoles began a series of guerrilla attacks on white coastal settlements, all along the Florida perimeter, striking in surprise and in succession from the interior. They murdered white families, captured slaves, destroyed property. Osceola himself, in a lightning stroke, shot down Thompson and an army lieutenant.
That same day, December 28, 1835, a column of 110 soldiers was attacked by Seminoles, and all but three soldiers were killed. One of the survivors later told die story:
It was 8 o'clock. Suddenly I heard a rifle shot .. . followed by a musket shot.... 1 had not time to think of the meaning of diese shots, before a volley, as if from a thousand rifles, was poured in upon us from the front, and all along our left flank.... I could only see their heads and arms, peering out from die long grass, far and near, and from behind the pine trees.. . .
It was the classic Indian tactic against a foe with superior firearms. General George Washington had once given parting advice to one of his officers: "General St. Clair, in three words, beware of surprise... . again and again, General, beware of surprise."
Congress now appropriated money for a war against the Seminoles. In die Senate, Henry Clay of Kentucky opposed the war; he was an enemy of Jackson, a critic of Indian removal. But his Whig colleague Daniel Webster displayed that unity across party lines which became standard in American wars:
The view taken by the gentleman from Kentucky was undoubtedly the true one. But the war rages, die enemy is in force, and the accounts of their ravages are disastrous. The executive government has asked for the means of suppressing diese hostilities, and it was entirely proper that the bill should pass.
General Winfield Scott took charge, hut his columns of troops, marching impressively into Seminole territory, found no one. They became tired of the mud, the swamps, the heat, the sickness, the hunger—the classic fatigue of a civilized army fighting people on their own land. No one wanted to face Seminoles in the Florida swamps. In